Tenant Gets Rent Abatement for 10 - 60% per Month for Five Months for Roof Leak

September 24, 2024

LVT Number: #33390

Rockland County landlord sued to evict tenant for nonpayment of rent. Tenant admitted owing 14 months of back rent. Tenant claimed that a leak in her apartment in September 2023 caused water to pool on the carpet near and under the bed. She reported the leak to the super, who found a wet wall in the apartment. The following month the bedroom wall and carpet were wet and no one ever came to make repairs. The wet conditions further remained into December 2023 when tenant started feeling ill and smelled mildew in the room.

Rockland County landlord sued to evict tenant for nonpayment of rent. Tenant admitted owing 14 months of back rent. Tenant claimed that a leak in her apartment in September 2023 caused water to pool on the carpet near and under the bed. She reported the leak to the super, who found a wet wall in the apartment. The following month the bedroom wall and carpet were wet and no one ever came to make repairs. The wet conditions further remained into December 2023 when tenant started feeling ill and smelled mildew in the room. Landlord discovered that a roof leak was causing the condition, but repairs didn't begin until January 2024.

The court ruled for tenant in part and gave her a rent abatement based on breach of the warranty of habitability for the months of October 2023 to February 2024. The rent abatement was 10 percent for September through December 2023, 60 percent for January 2024, and 20 percent for February 2024. The court awarded no abatement for the other months of unpaid rent but gave tenant an additional $1,200 abatement for the two mold inspections she paid for. The total money judgment for landlord was $18,256. The court also gave landlord a judgment of possession.

Clarkstown Seniors Phase I LLC v. Sheffield: Index No. 24050399, 2024 NY Slip Op 51071(U)(Clarkstown Just. Ct.; 8/15/24; Bongiorno, J)

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